tion and rooms, and such furniture, books, and other things as Sect. 64 (3). may from time to time be determined by the standing joint committee of quarter sessions and the county council, to be necessary or proper for the due transaction of the business, and convenient keeping of the records and documents, of the quarter sessions and justices out of sessions, or of any committee of such quarter sessions or justices.

This clause applies to any land or buildings vested in a county council, not only to those transferred from the quarter sessions.

Notwithstanding the provision in the text, the standing joint committee have under s. 30 (3), ante, exclusive control of buildings and premises for the accommodation of quarter sessions or justices out of session or for the use of the police or clerks to justices. See Ex parte Somersetshire County Council, 58 L. J. Q. B. 513; 68 L. T. (N.s.) 512 ; 54 J. P. 183; 5 T. L. R. 712.

The consent of the Local Government Board is necessary for the alienation of the lands of a county council. As to the proceeds of any sale, see s. 65, sub-s. (3), post. It will be observed that no distinct leasing power is given; but perhaps the power to "alienate" may be said to include such a power. The leasing power given by s. 65, post, does not appear to apply to land transferred under this section from the quarter sessions.

As to the rating of a sessions house used by a county council and quarter sessions jointly, see Middlesex County Council v. St. George's, Hanover Square, [1897] 1 Q. B. 64; 66 L. J. Q. B. 101 ; 75 L. T. (N.s.) 464; 45 W. R. 215; 61 J. P. 38; Worcestershire County Council v. Worcester Union, [1897] 1 Q. B. 480 ; 66 L. J. Q. B. 323; 76 L. T. (N.S.) 138; 45 W. R. 309; 61 J. P. 244.

(4.) This section shall apply, with the necessary modifications, to the administrative counties of Sussex and Suffolk.

As to these administrative counties, see s. 46, ante, p. 99.

(5.) This section shall apply in the case of the property, debts, and liabilities of the justices of all the ridings and divisions of the counties of York or Lincoln at their gaol sessions, or of commissioners appointed by the justices, in like manner as if it were herein re-enacted with the substitution of gaol sessions or commissioners for quarter sessions, and of clerk of gaol sessions for clerk of the peace, and as if the joint committee of the councils of the three ridings or divisions were the council of the county; and the said joint committee shall, for the purposes of the said property, debts and liabilities, and for the transaction of the administrative business and execution of their duties under this Act, be a body corporate, with perpetual succession and a common seal, by the name of the county committee, with the prefix of the name of the county, and with power to acquire and hold land for the purposes of their constitution without licence in mortmain.

As to the gaol sessions in these counties, see note to s. 46, sub-s. (2), ante, p. 100. The joint committees are the corporate bodies known as the Yorkshire County Committee and the Lincolnshire County Committee.

(6.) The county council of the soke of Peterborough shall be liable to repair the county bridges in the soke, and if any costs are

Sect. 64 (6). incurred by the county council of the county of Northampton for the benefit of the soke, an adjustment thereof shall be made by agreement, or by arbitration in manner provided by this Act.

Power to acquire lands.

As to the soke of Peterborough and the residue of the county of Northampton, see s. 46, ante, p. 99.

As to arbitration under this Act, see s. 62, ante, p. 119.

65.-(1.) A county council may, from time to time, for the purpose of any of their powers and duties, including those which are to be executed through the standing joint committee, acquire, purchase, or take on lease, or exchange any lands or any easements or rights over or in land, whether situate within or without the county, and may acquire, hire, erect, and furnish such halls, buildings, and offices as they may from time to time require, whether within or without their county.

Existing county buildings passed to county councils under the last section, subject, however, to the right of the quarter sessions or justices to use them for the holding of courts. See s. 30, sub-s. (3), ante, p. 66.

As to the standing joint committee, see s. 30, ante p. 66.

It should be mentioned that the county council have, by s. 3 (iv.), all the powers formerly possessed by the quarter sessions of providing shire halls, county halls, etc., subject as to the use of buildings by the quarter sessions and justices to the provisions of the Act respecting the standing joint committee. Observe that the lands, etc., acquired may be within or without the county. Express powers of acquiring land for various purposes are conferred upon county councils by several of the Acts set out in Part III. of this work.

(2.) For the purpose of the purchase, taking on lease, or exchange of such lands, sections one hundred and seventy-six, one hundred and seventy-seven, and one hundred and seventy-eight of the Public Health Act, 1875, shall apply as if they were herein re-enacted, and in terms made applicable to the county council.

"Such lands" must, it seems, mean lands acquired under sub-s. (1): the powers here given are not expressed to extend to lands transferred from the quarter sessions under s. 65, ante. It will be observed that a power of leasing is given by the incorporation of s. 177 of the Public Health Act, 1875, though it does not appear how such a power can be exercised "for the purpose of the purchase, etc., of such lands." The incorporated sections of the Public Health Act are as follows:

"176. With respect to the purchase of lands by a local authority for the purposes of this Act, the following regulations shall be observed; (that is to say,) "(1.) The Lands Clauses Consolidation Acts, 1845, 1860, and 1869, shall be incorporated with this Act, except the provisions relating to access to the special Act, and except section one hundred and twentyseven of the Lands Clauses Consolidation Act, 1845 :

"(2.) The local authority, before putting in force any of the powers of the
said Lands Clauses Consolidation Acts with respect to the purchase
and taking of lands otherwise than by agreement, shall
Publish once at the least in each of three consecutive weeks in the
month of November, in some local newspaper circulated in
their district, an advertisement describing shortly the nature

NOTE.

of the undertaking in respect of which the lands are pro- Sect. 65 (2).
posed to be taken, naming a place where a plan of the
proposed undertaking may be seen at all reasonable hours,
and stating the quantity of lands that they require; and
shall further

Serve a notice in the month of December on every owner or

reputed owner, lessee or reputed lessee, and occupier of such
lands, defining in each case the particular lands intended to
be taken, and requiring an answer stating whether the
person so served assents, dissents, or is neuter in respect
of taking such lands:

"(3.) On compliance with the provisions of this section with respect to
advertisements and notices, the local authority may, if they think
fit, present a petition under their seal to the Local Government
Board. The petition shall state the lands intended to be taken,
and the purposes for which they are required, and the names of
the owners, lessees, and occupiers of lands who have assented,
dissented, or are neuter in respect of the taking such lands, or
who have returned no answer to the notice; it shall pray that the
local authority may, with reference to such lands, be allowed to
put in force the powers of the said Lands Clauses Consolidation
Acts with respect to the purchase and taking of lands otherwise
than by agreement, and such prayer shall be supported by such
evidence as the Local Government Board requires :

"(4.) On the receipt of such petition, and on due proof of the proper advertisements having been published and notices served, the Local Government Board shall take such petition into consideration, and may either dismiss the same, or direct a local inquiry as to the propriety of assenting to the prayer of such petition; but until such inquiry has been made no provisional order shall be made affecting any lands without the consent of the owners, lessees, and occupiers thereof :

"(5.) After the completion of such inquiry the Local Government Board may, by provisional order, empower the local authority to put in force, with reference to the lands referred to in such order, the powers of the said Lands Clauses Consolidation Acts with respect to the purchase and taking of lands otherwise than by agreement, or any of them, and either absolutely or with such conditions and modifications as the Board may think fit, and it shall be the duty of the local authority to serve a copy of any order so made in the manner and on the person in which and on whom notices in respect of such lands are required to be served:

Provided that the notices by this section required to be given in the months of November and December may be given in the months of September and October or of October and November, but in either of such last-mentioned cases an inquiry preliminary to the provisional order to which such notices refer shall not be held until the expiration of one month from the last day of the second of the two months in which the notices are given; and any notices or orders by this section required to be served on a number of persons having any right in, over, or on lands in common may be served on any three or more of such persons on behalf of all such persons.

"177. Any local authority may, with the consent of the Local Government Board, let for any term any lands which they may possess, as and when they can conveniently spare the same.

Sect. 65 (2).

NOTE.

Costs of justices to be payable out of county fund.

Adjustment

of law as

"178. The Chancellor and Council of the Duchy of Lancaster for the time being may, if they think fit (but subject and without prejudice to the rights of any lessee, tenant, or occupier), from time to time contract with any local authority for the sale of, and may (subject as aforesaid) absolutely sell and dispose of, for such sum as to the said Chancellor and Council may appear sufficient consideration, the whole or any part of any lands belonging to Her Majesty, her heirs or successors in right of the said duchy, or any right, interest, or easement in, through, over, or on any such lands which, for the purposes of this Act, such local authority from time to time deem it expedient to purchase; and on payment of the purchase money, as provided by the Duchy of Lancaster Lands Act, 1855, the said Chancellor and Council may grant and assure to the said authority, under the seal of the said duchy, in the name of Her Majesty, her heirs or successors, the subject of such contract or sale, and such money shall be dealt with as if such subject had been sold under the authority of the Duchy of Lancaster Lands Act, 1855."

(3.) Where the county council, with the consent of the Local Government Board, sell any land, the proceeds of such sale shall be applied in such manner as the said Board sanction towards the discharge of any loan of the council, or otherwise for any purpose for which capital may be applied by the council.

The consent of the Local Government Board to the sale of any land of a county council is required by s. 64, sub-s. (3), ante, p. 124.

The sanction of the Board will be necessary for any appropriation of the proceeds of sale.

66. All costs incurred by the quarter sessions or the justices out of session of a county, and all costs incurred by any justice, police officer, or constable, in defending any legal proceedings taken against him in respect of any order made, or act done, in the execution of his duty as such justice, police officer, or constable shall, to such amount as may be sanctioned by the standing joint committee of the county council and quarter sessions, and, so far as they are not otherwise provided for, be paid out of the county fund of the county, and the council of the county shall provide for such payment accordingly.

This section was probably inserted in the Act having regard to the case of Stops v. Northamptonshire JJ., 4 T. L. R. 78, where it was held that the justices of a county cannot lawfully pay out of the county funds the costs and damages incurred by the chief constable of the county in an action brought against him in respect of acts done in the execution of his duty.

The Municipal Corporations Act, 1882, contains a somewhat similar provision enabling a borough council to pay costs or damages in any action against one of their officers, agents, or servants. This provision is contained in s. 226, sub-s. (3), of that Act, which is incorporated with this Act, and therefore applies to county councils. See the section and the notes thereto, post.

67. Any order of a court of quarter sessions, or of any justices. respects costs or justice out of session, for the payment by the county treasurer of costs in criminal proceedings or of costs under the Act of the

ordered by

quarter

forty-eighth year of the reign of King George the Third, chapter Sect. 67. seventy-five, shall be obeyed by the county treasurer in like manner as heretofore, and the county council shall cause the treasurer, or sessions or some other person on his behalf, to attend at justices to be court of quarter every paid. sessions for the purpose of paying such sums as may be ordered by the court to be so paid.

By 7 Geo. 4, c. 64, s. 22, the court before which any person is tried for any felony is empowered to order payments to the prosecutor of his costs and expenses in preferring the indictment, and to the prosecutor and the witnesses for the prosecution of such sums as shall seem sufficient and reasonable to reimburse them for the expenses they may have incurred in attending before the examining magistrates and the grand jury, and in otherwise carrying on the prosecution, and also to compensate them for their trouble and loss of time therein; and such order may be made where any person shall have bond fide attended in obedience to recognizance or subpoena, though no indictment is preferred. The amount of the expenses of attending before the magistrates is to be ascertained by the certificate of the magistrates, and the other expenses by the proper officer of the court. By s. 23, the court is empowered to make a similar order in certain specified cases of misdemeanor. By s. 24 the order for payment is to be made upon the county treasurer, who is authorized and required to pay the amount and is to be allowed the same in his accounts. By s. 25 all sums ordered to be paid under the Act in respect of felonies or misdemeanors committed in liberties, franchises, cities, towns and places, which do not contribute to the county rate, are to be paid out of the rate in the nature of a county rate, or out of any fund applicable to similar purposes where there is such a fund, by the treasurer or other officer having the collection or disbursement of such rate or fund, and where there is no such rate or fund, out of the poor rate by the overseers, and the order of the court is to be directed to the treasurer, officer or overseers, and not to the county treasurer. By 14 & 15 Vict. c. 55, s. 2, the provisions of the former statute were extended to certain other specified misdemeanors. By s. 5 the Secretary of State is to make regulations as to the scale of costs to be granted to prosecutors and witnesses. By 29 & 30 Vict. c. 52, s. 1, magistrates were empowered to grant a certificate for costs and expenses of prosecutors and witnesses in any case of felony or of one of the specified misdemeanors mentioned in 7 Geo. 4, c. 64, s. 23, or 14 & 15 Vict. c. 55, s. 2, though there might be no committal for trial; by s. 3 such certificates are to be forwarded by the clerks of the peace, and laid before quarter sessions, who may allow the amount wholly or partially and make orders on the treasurer, etc., for payment as under 7 Geo. 4, c. 64. By 30 & 31 Vict. c. 35, the provisions of the preceding Acts were extended to the expenses of witnesses for the defence who were bound over to appear at the trial. In addition to the misdemeanors specified in 7 Geo. 4, c. 64, and 14 & 15 Vict. c. 55, the costs of the prosecution are to be allowed as in cases of felony in misdemeanors under 14 & 15 Vict. c. 19, s. 14; 24 & 25 Vict. c. 96, s. 121; 24 & 25 Vict. c. 97, s. 77; 24 & 25 Vict. c. 98, s. 54; 24 & 25 Vict. c. 99, s. 42; 24 & 25 Vict. c. 100, ss. 74, 77; 32 & 33 Vict. c. 62, s. 17; 35 & 36 Vict. c. 33, s. 24; 48 & 49 Vict. c. 69, s. 18; 52 & 53 Vict. c. 52, s. 4; 52 & 53 Vict. c. 69, s. 5; 57 & 58 Vict. c. 41, s. 20; also in cases of indictable offences dealt with summarily under the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), ss. 17, 28, 50.

The 48 Geo. 3, c. 75, provides that the overseers shall bury any dead bodies cast up by the sea, and that their expenses shall be reimbursed by the county